General Provisions - Private Cemeteries - Health & Safety - CA

Section § 8250

This section specifies that certain cemeteries and religious entities are exempt from certain regulations, except where noted. It generally does not apply to religious organizations or their cemeteries, public cemeteries, and small private or fraternal cemeteries under 10 acres established before now. However, rules from other parts apply to these small cemeteries if they handle funds for maintenance or services.

Except as provided in subdivision (c) of this section, the provisions of this part do not apply to any of the following:

(a) Any religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled, and operated by any of them.

(b) Any public cemetery.

(c) Any private or fraternal burial park not exceeding 10 acres in area, heretofore established; provided, however, (1) that the provisions of Chapter 6 (commencing at Section 8800) and Chapter 7 (commencing at Section 8825) of this part are applicable thereto, and (2) all of the provisions of this part shall apply to any such cemetery that collects a care, maintenance or embellishment deposit or funds for commodities or services.

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Section § 8250.5

This law section clarifies that a 'public cemetery' refers to any cemetery that is owned and managed by a city, county, city and county, or a public cemetery district.

As used in Section 8250 of this code, a public cemetery is a cemetery owned and operated by a city, county, city and county, or public cemetery district.

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Section § 8251

This law says that any cemeteries established before August 14, 1931, under existing laws at that time, won't be affected by any new regulations. These cemeteries retain their corporate status and rights as per the laws they were originally founded and operated under.

The provisions of this part do not affect the corporate existence of any cemetery organized under any law then existing prior to August 14, 1931, and as to such cemeteries, and their rights, the laws under which the corporation was organized and existed and under which such rights became vested are applicable.

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Section § 8252

This law states that if you want to operate a cemetery business in California, you must do so through a corporation or a limited liability company that is specifically set up for that purpose. It's illegal for individuals or other business entities to run a cemetery without doing so.

It is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within this state except by means of a corporation or limited liability company duly organized for these purposes.

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Section § 8253

This law section states that if your business or organization is operating in California, any existing powers, rights, responsibilities, or limitations that it might have must be adjusted if necessary to align with the rules in this specific part of the law, even if this goes against what is stated in the organization’s founding documents.

The powers, privileges, duties and restrictions conferred and imposed upon any corporation, firm, copartnership, association, trust or individual, existing and doing business under the laws of this State, are hereby enlarged or modified as each particular case may require to conform to the provisions of this part notwithstanding anything to the contrary in their respective articles of incorporation, charter or other evidence of organization.

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